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Backup Documents 09/08/2020 Item #16F1-b (08/25/2020 in Absentia) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 F 1 B THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office CM)\tCb'o 4. BCC Office Board of County Commissioners l 'g.020 5. Minutes and Records Clerk of Court's Office a/i6 /45;gt,1 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jay Malamphy Phone Number 8402 Contact/ Department Agenda Date Item was August 25,2020 Abs ntia Meet}' g) Agenda Item Number 16047 _Approved by the BCC 63Q. ter1S 'X Y Type of Document FDOT Interchange Improvements Number of Original 1 AttachedDocuments Attached PO number or account number if document is To be recorded by FDOT at their cost to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? -'-p 0 K N/A 2. Does the document need to be sent to another agency for additional signatures? f yes, ✓f'� provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed o, by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the County Manager on August 25,2020 and if any changes were made during the meeting,they have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2. .05;Revised 11/30/12 Crystal K. Kinzel COURT Collier County 1 6 F 1 Bo ?row Clerk of the Circuit Court and Comptroller �J 3315 Tamiami Trail East, Suite 102 r Naples, Florida 34112-5324 <<�R o�COUNT(.0' September 16, 2020 FDOT 801 N. Broadway Avenue Bartow, FL 33930 Cyntrena Durant, Enclosed are the FDOT Interchange Improvements Agreement that was approved by the BCC. Please process with the additional signatures and have recorded in the Official Land Records of Collier County. If you have any questions please contact myself at 239- 252-8411 or Jay Malamphy at 239-252-8402. Thank you, Teresa Cannon, Sr. Deputy Clerk 3299 Tamimai Trail E., Ste 401 Naples, Fl 34112 Phone-(239)252-2646 Fax-(239)252-2755 Website-www.CollierClerk.com Email- CollierClerk@collierclerk.com 16F18 23-UTL. 02-05/09 Date: March 25, 2020 This instrument prepared F. P. NO. 4351112 under the direction of : PARCEL 104 . 2 Angela D. Tucker, Chief Counsel SECTION 03030-000 Post Office Box 1249 STATE ROAD 951 City: Bartow, Florida 33831-1249 COUNTY Collier Department of Transportation SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT, entered into this �� day of rY1 20 , by and between the STATE OF FLORIDA DEPARTMENT 0 TRANSPORTATION, hereinafter called the FDOT, whose post office address is : Post Office Box 1249, Bartow, Florida 33831-1249 and COLLIER COUNTY, A FLORIDA POLITICAL SUBDIVISION, Utility Agency Organization, hereinafter called the Utility. WITNESSET H: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the FDOT; and WHEREAS, the FDOT is willing to pay to have the Utility' s facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and FDOT agree as follows : Utility hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz : SEE EXHIBIT "A" Page 1 of 5 for Parcel 104 . 2 I 6 F1B RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Drainage 07-11-60 Henderson Creek Collier OR 0067 Easement Company County, a Florida PG 0351 political subdivision Corrective 01-09-61 Henderson Creek Collier OR 0076 Drainage Company County, a Easement Florida PG 0127 political subdivision PROVIDED that the Utility has the following rights : 1 . The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT' s current minimum standards for such facilities as required by the FDOT Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the Utility or require the Utility to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements . 2 . Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights . 3 . The Utility shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT' s facilities . 4 . The Utility agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the Utility exercising its rights outlined in Paragraphs 1 and 3 above . Page 2 of 5 for Parcel 104 . 2 16F1B IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence STATE OF FLORIDA as witnesses : DEPARTMENT OF TRANSPORTATION By: Signature District Secretary/Designee for District One Print/Type Name Legal Review: Signature Print/Type Name Department Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 by District Secretary/Designee for District One. He is personally known to me or has produced as identification. (Affix Seal/Stamp here) Notary Signature : Printed Name: Notary Public in and for the County and State last aforesaid. My Commission Expires : Serial No. : Page 3 of 5 for Parcel 104 . 2 16F1B IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and year aforesaid. C;'C ATT .k `' Q//' v County, Signature ,httestasto Chairman's Florida, By Its Board of County (3/sh / / + f Commis oners Print/Type Name ....." Clerk (or Deputy Clerk) Signature Print/Type Name Its Chairperson (or Vice-Chairperson) Grantor (s) ' Mailing Address : „.4/Xee 6:14 3336- T ism/ /a// i/t Nap/es ,L 3q//z Approved in absentia per Resolution 2000-149 on 6-X.-ob By: 4 Leo E. Ochs, Jr., unt Manager Approved as to form and legality Ass.. ant County Atti Page 4 of 5 for Parcel 104 . 2 O�.J 16F1B -. F. P. NO. 4351112 SECTION 03030-000 PARCEL 104 RIGHT OF WAY Those portions of the southwest 1/4 of Section 3 and the northwest 1/4 of Section 10 , Township 51 South, Range 26 East, Collier County, Florida. Being described as follows: Commence at the southwest corner of said Section 3 ; thence along the south line of said southwest 1/4 , South 89°22 ' 08" East a distance of 1, 391 . 77 feet to the survey base line of State Road 951 (Collier Blvd) ; thence along said survey base line North 02°27' 42" East a distance of 426 . 96 feet; thence South 87°32 ' 18" East a distance of 298 . 76 feet for a POINT OF BEGINNING; thence South 88°06' 20" East a distance of 150 . 04 feet; thence South 00°33 ' 22" West a distance of 510 . 59 feet to the center line of a Collier County drainage easement (per Official Records Book 67, Page 66 and Official Records Book 76, Page 127 , Public Records of Collier County, Florida) ; thence along said center line South 61°31' 43" West a distance of 16 . 30 feet; thence North 28°28' 17" West a distance of 55 . 00 feet to the north easement line of said drainage easement; thence along said north easement line South 61°31' 43" West a distance of 124 . 72 feet; thence North 00°33 ' 22" East a distance of 534 . 43 feet to the POINT OF BEGINNING. Containing 1 . 731 acres . Legal Description Approved by: Richard M. "Mike" Benton, P.S .M. #6447 On March 6, 2019 EXHIBIT "A" Pages of 5 for Parcel 104 . 2 16 F 1 B 23-UTL. 02-05/09 Date : March 25, 2020 This instrument prepared F. P. NO. 4258432 under the direction of : PARCEL 100 . 4 Angela D. Tucker, Chief Counsel SECTION 03175-000 Post Office Box 1249 STATE ROAD 93 (I-75) City: Bartow, Florida 33831-1249 COUNTY Collier Department of Transportation SUBORDINATION OF COUNTY UTILITY INTERESTS +h THIS AGREEMENT, entered into this 8 day of M 2026 , by and between the STATE OF FLORIDA DEPARTMENT O TRANSPORTATION, hereinafter called the FDOT, whose post office address is: Post Office Box 1249, Bartow, Florida 33831-1249 and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, Utility Agency Organization, hereinafter called the Utility. WITNESSET H: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the FDOT; and WHEREAS, the FDOT is willing to pay to have the Utility' s facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and FDOT agree as follows: Utility hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz : SEE EXHIBIT "A" Page 1 of 6 for Parcel 100 .4 C 16F1B RECORDED DATE FROM TO O.R. INSTRUMENT BOOK/PAGE Utility 03-20-06 Randall Benderson Board of County OR 4013 Easement and David H. Commissioners PG 123 Baldauf, as of Collier Trustees under a County, Trust Agreement Florida, as the dated December Governing Body 29, 1995, known of Collier as the Ronald County and as Benderson 1995 Ex-Officio the Trust, and WR-I Governing Board Associates, Ltd. , of the Collier a Florida limited County Water- partnership Sewer District PROVIDED that the Utility has the following rights : 1 . The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT' s current minimum standards for such facilities as required by the FDOT Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the Utility or require the Utility to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements . 2 . Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights . 3 . The Utility shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT ' s facilities . 4 . The Utility agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage Page 2 of 6 for Parcel 100 . 4 CAr.. 16F1B resulting from the Utility exercising its rights outlined in Paragraphs 1 and 3 above . Page 3 of 6 for Parcel 100 . 4 16FiB IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence STATE OF FLORIDA as witnesses : DEPARTMENT OF TRANSPORTATION By: Signature District Secretary/Designee for District One Print/Type Name Legal Review: Signature Print/Type Name Department Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 by District Secretary/Designee for District One . He is personally known to me or has produced as identification. (Affix Seal/Stamp here) Notary Signature: Printed Name : Notary Public in and for the County and State last aforesaid. My Commission Expires : Serial No. : Page 4 of 6 for Parcel 100 . 4 S 16F1B IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and year afo said. // ATT. .�. 'P K County, Signature Attest as to Chairman's Florida, / nature o !y. By Its Board of County //�/ � Commi Toners .01 . y Print/Type Name Clerk (or Deputy Clerk) Signature L)(10/-104YS Print/Type Name Its Chairperson (or Vice-Chairperson) Grantor (s) ' Mailing Address : .4///e/ }(?7L 3 s T Qrn %a//C.� -I/t/ 1-2 3`1/z Approved in absentia per Resolution 2000-149 on ate- o�j By: � � Leo E. Ochs, Jr., o ty anager Approved as to form and legality 111 Assistant County Attu' , Page 5 of 6 for Parcel 100 . 4 i6FiB FP. NO. 4258432 SECTION 03175-000 PARCEL 100 RIGHT OF WAY That portion of Lot 5 , Market Center, a Replat of a Portion of Gator Gate, Plat Book 7 , Page 2 and a Portion of Gator Gate Unit 2 , Plat Book 7 , Page 54 and a Subdivision of a Portion of the Northeast 1/4 of Section 3 , Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60 , Public Records of Collier County, Florida. Being described as follows : Commence at the northeast corner of the northeast 1/4 of said Section 3 , said point being on the survey base line of State Road 951, also known as Collier Blvd. ; thence along the east line of said northeast 1/4 and said survey base line South 00°50' 27" West a distance of 1, 608 . 23 feet; thence South 89°20' 11" West a distance of 101 . 11 feet to the intersection with the west existing right of way line of said State Road 951 (per Section 03510-2602) and the southeast corner of said Lot 5 for a POINT OF BEGINNING; thence along the south line of said Lot 5 , continue South 89°20 ' 11" West a distance of 22 . 22 feet; thence North 01°34 ' 46" East a distance of 229 . 10 feet; thence North 44°45' 47" West a distance of 7 . 52 feet to the south right of way line of Business Circle also known as Business Circle North [Tract R-1 (per said plat) ] and the north line of said Lot 5 and the beginning of a curve having a radius of 25 . 00 feet; thence along said south existing right of way line and said north line the arc of said curve to the right a distance of 39 . 97 feet through a central angle of 91°36' 17" with a chord bearing South 44°57' 41" East to said west existing right of way line of State Road 951 and to the end of said curve; thence along said west existing right of way line South 00°50' 27" West a distance of 193 . 07 feet; thence continue along said west existing right of way line South 04°45' 27" West a distance of 15 . 73 feet to the POINT OF BEGINNING. Containing 4 , 967 square feet . Legal Description Approved by: Richard M. "Mike" Benton, P. S .M. #6447 On August 22 , 2018 EXHIBIT "A" Page6 of 6 for Parcel 100 .4 0 16F1B 23-UTL. 02-05/09 Date: October 9, 2018 This instrument prepared F. P. NO. 4258432 under the direction of : PARCEL 101 . 4 Angela D. Tucker, Chief Counsel SECTION 03175-000 Post Office Box 1249 STATE ROAD 93 (I-75) City: Bartow, Florida 33831-1249 COUNTY Collier Department of Transportation SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT, entered into this W.' day of eM 20 , by and between the STATE OF FLORIDA DEPARTMENT 0 TRANSPORTATION, hereinafter called the FDOT, whose post office address is : Post Office Box 1249, Bartow, Florida 33831-1249 and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, Utility Agency Organization, hereinafter called the Utility. WITNESSET H: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the FDOT; and WHEREAS, the FDOT is willing to pay to have the Utility' s facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and FDOT agree as follows: Utility hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz : SEE EXHIBIT "A" Page 1 of 7 for Parcel 101 . 4 16F1B RECORDED DATE FROM TO O.R. INSTRUMENT BOOK/PAGE Utility 03-20-06 Randall Benderson Board of County OR 4013 Easement and David H. Commissioners PG 123 Baldauf, as of Collier Trustees under a County, Trust Agreement Florida, as the dated December Governing Body 29, 1995, known of Collier as the Ronald County and as Benderson 1995 Ex-Officio the Trust, and WR-I Governing Board Associates, Ltd. , of the Collier a Florida limited County Water- partnership Sewer District PROVIDED that the Utility has the following rights : 1 . The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT' s current minimum standards for such facilities as required by the FDOT Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the Utility or require the Utility to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements . 2 . Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3 . The Utility shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT ' s facilities . 4 . The Utility agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss (2!) Page 2 of 7 for Parcel 101 . 4 6 Fie . or damage resulting from the Utility exercising its rights outlined in Paragraphs 1 and 3 above. 0 Page 3 of 7 for Parcel 101 . 4 16F1B IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence STATE OF FLORIDA as witnesses : DEPARTMENT OF TRANSPORTATION By: Signature District Secretary/Designee for District One Print/Type Name Legal Review: Signature Print/Type Name Department Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 by District Secretary/Designee for District One . He is personally known to me or has produced as identification. (Affix Seal/Stamp here) Notary Signature : Printed Name: Notary Public in and for the County and State last aforesaid. My Commission Expires : Serial No. : Page 4 of 7 for Parcel 101 .4 1( ) 16F1B IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and y • aforesa' d. `/, ATTE c�///er County, i nature rman's Florida, �1 signa re only. By Its Board of County ��/�/� � //'l � Commi ioners Print/Type Name �LC,rryc. Clerk(or Deputy Clerk) Signature S4/-74 I. SL iScrr Print/Type Name Its Chairperson (or Vice-Chairperson) Grantor (s)TMMailing Address : ( 0///CY 35 5 /�/m/4/ /Ka// ;. )`O/ /\/ p/ s1 /CZ Approved in absentia per Resolution 2000- 149 on 25•?-4a Approved as to form and legality By: Ass slant County Att r,ey r2� � Led E. Ochs, Jr., o ty Manager c . Page 5 of 7 for Parcel 101 . 4 16F18 FP. NO. 4258432 SECTION 03175-000 PARCEL 101 LIMITED ACCESS RIGHT OF WAY A) That portion of Lot 6, Market Center, a Replat of a Portion of Gator Gate, Plat Book 7, Page 2 and a Portion of Gator Gate Unit 2 , Plat Book 7, Page 54 and a Subdivision of a Portion of the Northeast 1/4 of Section 3 , Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Being described as follows : Commence at the northeast corner of the northeast 1/4 of said Section 3 , said point being on the survey base line of State Road 951, also known as Collier Blvd. ; thence along the east line of said northeast 1/4 and said survey base line South 00°50 ' 27" West a distance of 950 . 05 feet; thence North 89°42 ' 59" West a distance of 100 . 00 feet to an intersection with the west existing right of way line of said State Road 951 (per Section 03510-2602) and the northeast corner of said Lot 6 , for a POINT OF BEGINNING; thence along said west existing right of way line and the east line of said Lot 6, South 00°50' 27" West a distance of 329 . 05 feet to the north existing right of way line of Business Circle also known as Business Circle North [Tract R-1 (per said plat) ] and the south line of said Lot 6 and to the beginning of a curve having a radius of 25 . 00 feet; thence along said north existing right of way line and said south line the arc of said curve to the right a distance of 8 . 59 feet through a central angle of 19°40 ' 44" with a chord bearing South 10°40 ' 49" West to the end of said curve; thence North 01°10 ' 32" West a distance of 95 . 73 feet to the beginning of a curve having a radius of 9, 552 . 25 feet; thence along the arc of said curve to the right a distance of 241 . 77 feet through a central angle of 01°27' 01" with a chord bearing North 00°27 ' Ol" West to the north line of said Lot 6 and to the end of said curve; thence along said north line South 89°42 ' 59" East a distance of 10 . 28 feet to the POINT OF BEGINNING. Containing 2 , 247 square feet . Together with all rights of ingress, egress, light, air, and view between the grantor' s remaining property, if any, and any facility constructed on the above described property. ALSO EXHIBIT "A" Page6 of 7 for Parcel 101 .4 ,,7,(° 16F1B RIGHT OF WAY B) That portion of Lot 6, Market Center, a Replat of a Portion of Gator Gate, Plat Book 7 , Page 2 and a Portion of Gator Gate Unit 2 , Plat Book 7, Page 54 and a Subdivision of a Portion of the Northeast 1/4 of Section 3 , Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Being described as follows : Commence at the northeast corner of the northeast 1/4 of said Section 3 , said point being on the survey base line of State Road 951, also known as Collier Blvd. ; thence along the east line of said northeast 1/4 and said survey base line South 00°50' 27" West a distance of 950 . 05 feet; thence North 89°42 ' 59" West a distance of 110 . 28 feet to a point on the north line of said Lot 6 and to the beginning of a curve having a radius of 9, 552 . 25 feet for a POINT OF BEGINNING; thence along the arc of said curve to the left a distance of 241 . 77 feet through a central angle of 01°27 ' Ol" with a chord bearing South 00°27' Ol" East to the end of said curve; thence South 01°10' 32" East a distance of 95 . 73 feet to the north existing right of way line of Business Circle also known as Business Circle North [Tract R- 1 (per said plat) ] and to the south line of said Lot 6 and the beginning of a curve having a radius of 25 . 00 feet; thence along said north existing right of way line and said south line the arc of said curve to the right a distance of 27 . 22 feet through a central angle of 62°23 ' 15" with a chord bearing South 51°42 ' 48" West to the end of said curve; thence North 51°25' 59" East a distance of 3 . 50 feet; thence North 01°34 ' 46" East a distance of 53 . 62 feet; thence North 01°10 ' 32" West a distance of 55 . 67 feet to the beginning of a curve having a radius of 9, 567 . 54 feet; thence along the arc of said curve to the right a distance of 242 . 16 feet through a central angle of 01°27' O1" with a chord bearing North 00°27 ' Ol" West to said north line of Lot 6 and to the end of said curve; thence along said north line South 89°42 ' 59" East a distance of 15 . 29 feet to the POINT OF BEGINNING. Containing 5 , 383 square feet . Legal Description Approved by: Richard M. "Mike" Benton, P. S .M. #6447 On October 9, 2018 EXHIBIT "A" Pagel of 7 for Parcel 101 . 4 16 Fi6 23-UTL. 02-05/09 Date: March 25, 2020 This instrument prepared F. P. NO. 4258432 under the direction of : PARCEL 104 . 2 Angela D. Tucker, Chief Counsel SECTION 03175-000 Post Office Box 1249 STATE ROAD 93 (I-75) City: Bartow, Florida 33831-1249 COUNTY Collier Department of Transportation SUBORDINATION OF COUNTY UTILITY INTERESTS �1 - THIS AGREEMENT, entered into this 8 day of 41.014U 20,20 , by and between the STATE OF FLORIDA DEPARTMENT O TRANSPORTATION, hereinafter called the FDOT, whose post office address is : Post Office Box 1249, Bartow, Florida 33831-1249 and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, Utility Agency Organization, hereinafter called the Utility. WITNESSET H: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the FDOT; and WHEREAS, the FDOT is willing to pay to have the Utility' s facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and FDOT agree as follows : Utility hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz : SEE EXHIBIT "A" Page 1 of 7 for Parcel 104 . 2 CAO 16F18 RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Utility 03-20-06 Victoria Estates, Ltd. , a Board of OR 4013 Easement Florida limited County PG 81 partnership; Walden Avenue- Commissioners Blend-All Hotel of Collier Development, Inc . , a New County, York corporation; Ranger-1, Florida as L.L.C. , a Florida limited the governing liability company; RB-3 body of Assocaties, a New York Collier general partnership; County and as Randall Benderson, Ronald ex-officio Bendersona and David H. the governing Baldauf as trustees under a board of the trust agreement dated Collier October 14, 1985, known as County Water- the Benderson 85-1 Trust; Sewer Buffalo-Greenbriar District Associates, LLC, a New York limited liability company; and Ronald Benderson and David H. Baldauf as Trustees under a Trust Agreement dated September 22 , 1993, known as the Randall Benderson 1993-1 Trust; Randall Benderson and David H. Haldauf, Trustees under a Trust Agreement dated December 29, 1995, known as the Ronald Benderson 1995 Trust; and WR-i Associates, Ltd. , a Florida limited partnership Deed of 03-13-08 Davis Crossings, LLC; Davis Board of OR 4546 Utility Crossings II, LLC; Davis County PG 928 Easement Crossings III, LLC; Davis Commissioners Crossings IV, LLC; Davis of Collier Crossings V, LLC; Davis County, Crossings VI, LLC; Davis Florida as Crossings VII, LLC; Davis the governing Crossings VIII, LLC, each a body of Florida limited liability Collier company County and as ex-officio the governing board of the Collier County Water- Sewer District CPO Page 2 of 7 for Parcel 104 . 2 16F16 PROVIDED that the Utility has the following rights : 1 . The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT ' s current minimum standards for such facilities as required by the FDOT Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the Utility or require the Utility to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements . 2 . Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights . 3 . The Utility shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT ' s facilities . 4 . The Utility agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the Utility exercising its rights outlined in Paragraphs 1 and 3 above . Page 3 of 7 for Parcel 104 . 2 411D 1 6 F 1 B IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence STATE OF FLORIDA as witnesses : DEPARTMENT OF TRANSPORTATION By: Signature District Secretary/Designee for District One Print/Type Name Legal Review: Signature Print/Type Name Department Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 by , District Secretary/Designee for District One . He is personally known to me or has produced as identification. (Affix Seal/Stamp here) Notary Signature : Printed Name: Notary Public in and for the County and State last aforesaid. My Commission Expires : Serial No. : Page 4 of 7 for Parcel 104 . 2 00 16F1B IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and year aforesaid. ATTEST. / 'ci County, C/ AticSC a�iu wtatrman s Signature Florida, ignatur only. By Its Board of County av:5--/a/ 4/ l7� Commi Toners Print/Type Name ✓ ra— ," Clerk(or Deputy Clerk) Signature X// /. L5(J07 ULY,c Print/Type Name Its Chairperson (or Vice-Chairperson) Grantor (s) ' Mailing Address : �0/ /Cy c r71/Y 333S mir/ /k //L //// A/Jp/esl ,c ,�Z///� Approved in absentia per Resolution 2000-149 on ?-a5.,.?p By: c 1 0_e Leo E. Ochs, Jr. ' tyManager my Approved as to form and legality \ 0 Assst ant County Attorne (�`' �-U� Page 5 of 7 for Parcel 104 . 2 0 1 6 F 1 B FP. NO. 4258432 SECTION 03175-000 PARCEL 104 LIMITED ACCESS RIGHT OF WAY A) That portion of Tract 1, Gator Gate, as per plat thereof recorded in Plat Book 7 , Page 2, and that portion of Tract 2 , Gator Gate Unit 2 , as per plat thereof recorded in Plat Book 7, Page 54 , all being of Public Records of Collier County, Florida, both subdivisions lying in Section 3 , Township 50 South, Range 26 , East, Collier County, Florida. Being more particularly described as follows : Commence at the northeast corner of the northeast 1/4 of said Section 3 , said point being on the survey base line of State Road 951, also known as Collier Blvd; thence along said survey base line South 00°50 ' 27" West a distance of 950 . 05 feet; thence North 89°42' 59" West a distance of 100 . 00 feet to an intersection with the west existing right of way line of said State Road 951 (per Section 03510-2602) and the southeast corner of Gator Gate subdivision (per Market Center, a replat of a portion of Gator Gate, Plat Book 7 , Page 2 and a portion of Gator Gate Unit 2, Plat Book 7 , Page 54 and a subdivision of a portion of the northeast 1/4 of Section 3 , Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida) for a POINT OF BEGINNING; thence along the south line of said Gator Gate subdivision continue North 89°42 ' 59" West a distance of 10 . 28 feet to the beginning of a curve having a radius of 9, 552 . 25 feet; thence along the arc of said curve to the right a distance of 257 . 71 feet through a central angle of 01°32' 45" with a chord bearing North 01°02 ' 51" East to the end of said curve; thence North 03°59' 15" East a distance of 148 . 62 feet to the south existing right of way line of Davis Blvd. to Collier Blvd. Ramp (per Official Records Book 5202 , Page 2844 , Public Records of Collier County, Florida) and the beginning of a curve having a radius of 865 . 71 feet; thence along said south existing right of way line the arc of said curve to the right a distance of 3 . 23 feet through a central angle of 00°12 ' 51" with a chord bearing South 20°42 ' 40" East to said west existing right of way line of State Road 951 and the east line of said Gator Gate Unit 2 (per said Market Center plat) and the end of said curve; thence along said west existing right of way line and said east line South 00°50' 27" West a distance of 351 . 97 feet to the southeast corner of said Gator Gate Unit 2 subdivision (per said Market Center plat) ; thence along the east line of Gator Gate subdivision (per said Market Center plat) and continue along said west existing right of way line South 00°50 ' 27" West a distance of 51 . 02 feet to the POINT OF BEGINNING. Containing 3 , 458 square feet EXHIBIT "A" Page6 of 7 for Parcel 104 . 2 �d� 16F1B ALSO RIGHT OF WAY B) That portion of Tract 1, Gator Gate, as per plat thereof recorded in Plat Book 7 , Page 2, and that portion of Tract 2 , Gator Gate Unit 2 , as per plat thereof recorded in Plat Book 7, Page 54 , all being of Public Records of Collier County, Florida, both subdivisions lying in Section 3 , Township 50 South, Range 26, East, Collier County, Florida. Being more particularly described as follows : Commence at the northeast corner of the northeast 1/4 of said Section 3 , said point being on the survey base line of State Road 951, also known as Collier Blvd; thence along said survey base line South 00°50 ' 27" West a distance of 950 . 05 feet; thence North 89°42' 59" West a distance of 110 . 28 feet to a point on the south line of said Gator Gate subdivision (per Market Center, a replat of a portion of Gator Gate, Plat Book 7, Page 2 and a portion of Gator Gate Unit 2 , Plat Book 7 , Page 54 and a subdivision of a portion of the northeast 1/4 of Section 3 , Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida) for a POINT OF BEGINNING; thence along said south line continue North 89°42 ' 59" West a distance of 40 . 82 feet; thence North 13°05 ' 22" East a distance of 68 . 05 feet; thence North 00°06' 25" East a distance of 428 . 33 feet to the south existing right of way line of Davis Blvd. to Collier Blvd. Ramp (per Official Records Book 5202, Page 2844 , Public Records of Collier County, Florida) and the beginning of a curve having a radius of 865 . 71 feet; thence along said south existing right of way line the arc of said curve to the right a distance of 97 . 40 feet through a central angle of 06°26' 46" with a chord bearing South 24°02 ' 29" East to the end of said curve; thence South 03°59' 15" West a distance of 148 . 62 feet to the beginning of a curve having a radius of 9, 552 . 25 feet; thence along the arc of said curve to the left a distance of 257 . 71 feet through a central angle of 01°32 ' 45" with a chord bearing South 01°02 ' 51" West to the end of said curve and to the POINT OF BEGINNING. Containing 14 , 498 square feet . Legal Description Approved by: Richard M. "Mike" Benton, P. S .M. #6447 On January 29, 2108 EXHIBIT "A" Pagel of 7 for Parcel 104 . 2 5 1 6 F1 B 23-UTL. 02-05/09 Date : March 25, 2020 This instrument prepared F. P. NO. 4258432 under the direction of : PARCEL 105 . 2 Angela D. Tucker, Chief Counsel SECTION 03175-000 Post Office Box 1249 STATE ROAD 93 (I-75) City: Bartow, Florida 33831-1249 COUNTY Collier Department of Transportation SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT, entered into this �h day ofM6, 20).,4) , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, whose post office address is: Post Office Box 1249, Bartow, Florida 33831-1249 and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, Utility Agency Organization, hereinafter called the Utility. WITNESSET H: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the FDOT; and WHEREAS, the FDOT is willing to pay to have the Utility' s facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and FDOT agree as follows : Utility hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz : SEE EXHIBIT "A" Page 1 of 6 for Parcel 105 . 2 0 16F18 RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Order of 04-17-06 A.L. Board of County OR 4021 Taking for Petroleum, Commissioners of PG 2271 permanent Inc . , et Collier County and as utility al . Ex-Officio Governing easement Board of the Governing Body of Collier County Water-Sewer District Stipulated 06-21-06 A.L. Board of County OR 4062 Final Petroleum, Commissioners of PG 95 Judgment Inc . , et Collier County and as for al . Ex-Officio Governing permanent Board of the Governing utility Body of Collier County easement Water-Sewer District PROVIDED that the Utility has the following rights : 1 . The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT' s current minimum standards for such facilities as required by the FDOT Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the Utility or require the Utility to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements . 2 . Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights . 3 . The Utility shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT' s facilities . Page 2 of 6 for Parcel 105 . 2 16F18 4 . The Utility agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the Utility exercising its rights outlined in Paragraphs 1 and 3 above . Page 3 of 6 for Parcel 105 . 2 1 6 F 1 B IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence STATE OF FLORIDA as witnesses : DEPARTMENT OF TRANSPORTATION By: Signature District Secretary/Designee for District One Print/Type Name Legal Review: Signature Print/Type Name Department Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 by District Secretary/Designee for District One . He is personally known to me or has produced as identification. (Affix Seal/Stamp here) Notary Signature: Printed Name: Notary Public in and for the County and State last aforesaid. My Commission Expires : Serial No. : Page 4 of 6 for Parcel 105 . 2 16F1B IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and ear afo esaid. ATTE116 4 i C D/ /e/ County, Signature Attest as to Chairman's Florida, 1 4-" mur ?f v, By Its Board of County • f�f /mil " Commi Toners 3 /� Print/Type Name u� Clerk (or Deputy Clerk) Signature / Print/Type Name Its Chairperson (or Vice-Chairperson) Grantor (s) ' Mailing Address : /bey c�lrlIy 3 335 ///Kvavr'f /ra, /6 Nap/ f, /2 (39/42-• Approved in absentia per Resolution 2000-149 on Ic•a6• � 1 - By: <- - ��� Leo E. Ochs, Jr., ei;,ti.nty Manager Approved as to form and legality tant County Alto • 02) \` Page 5 of 6 for Parcel 105 . 2 16F1B FP. NO. 4258432 SECTION 03175-000 PARCEL 105 LIMITED ACCESS RIGHT OF WAY LINE A) All rights of egress, ingress, light, air and view between the grantor' s remaining property and a Limited Access right of way line lying in Section 3 , Township 50 South, Range 26 East, Collier County, Florida. Being described as follows : Commence at the northeast corner of the northeast 1/4 of said Section 3 , said point being on the survey base line of State Road 951 (Collier Blvd) ; thence along the east line of said northeast 1/4 and said survey baseline South 00°50 ' 27" West a distance of 450 . 98 feet; thence North 89°09' 33" West a distance of 100 . 00 feet to the west existing right of way line of said State Road 951 (per Section 03510-2602) to BEGIN said Limited Access right of way line; thence along said west existing right of way line North 00°50' 27" East a distance of 321 . 37 feet to END said Limited Access right of way line. ALSO LIMITED ACCESS RIGHT OF WAY LINE B) All rights of egress, ingress, light, air and view between the grantor' s remaining property and a Limited Access right of way line lying in Section 3 , Township 50 South, Range 26 East, Collier County, Florida. Being described as follows: Commence at the northeast corner of the northeast 1/4 of said Section 3 , said point being on the survey base line of State Road 951 (Collier Blvd) ; thence along the east line of said northeast 1/4 and said survey baseline South 00°50' 27" West a distance of 50 . 00 feet; thence North 89°43 ' 23" West a distance of 100 . 00 feet to the west existing right of way line of said State Road 951 (per Section 03510-2602) to BEGIN said Limited Access right of way line; thence along said west existing right of way line South 00°50 ' 27" West a distance of 41 . 29 feet to END said Limited Access right of way line . Legal Description Approved by: Richard M. "Mike" Benton, P. S .M. #6447 On January 29, 2018 EXHIBIT "A" Page6 of 6 for Parcel 105 . 2 i,�90 16F1B 23-UTL. 01-06/93 Date: March 25, 2020 This instrument prepared F. P. NO. 4258432 under the direction of : PARCEL 701 .4 Angela D. Tucker, Chief Counsel SECTION 03175-000 Post Office Box 1249 STATE ROAD 951 City: Bartow, Florida 33831-1249 COUNTY Collier Department of Transportation SUBORDINATION OF UTILITY INTERESTS FOR TEMPORARY EASEMENTS THIS AGREEMENT, entered into this bh day of , 20 aU , by and between the STATE OF FLORIDA DEPARTMENT F TRANSPORTATION, hereinafter called the FDOT, whose post office address is : Post Office Box 1249, Bartow, Florida 33831-1249 and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, Utility Agency Organization, hereinafter called the Utility. WITNESSET H: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the FDOT; and WHEREAS, the FDOT is willing to pay to have the Utility' s facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and FDOT agree as follows : Utility hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz : SEE EXHIBIT "A" It is understood and agreed by the parties hereto that the rights granted herein shall terminate upon completion of this transportation project, but no later than the 24th day of September, 2028 . Page 1 of 6 for Parcel 701 .4 cq� 16F1B RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Utility 03-20-06 Randall Benderson Board of County OR 4013 Easement and David H. Commissioners PG 123 Baldauf, as of Collier Trustees under a County, Trust Agreement Florida, as the dated December Governing Body 29, 1995, known of Collier as the Ronald County and as Benderson 1995 Ex-Officio the Trust, and WR-I Governing Board Associates, Ltd. , of the Collier a Florida limited County Water- partnership Sewer District PROVIDED that the Utility has the following rights : 1 . The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT' s current minimum standards for such facilities as required by the FDOT Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the Utility or require the Utility to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements . 2 . Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights . 3 . The Utility shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT ' s facilities . 4 . The Utility agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss Page 2 of 6 for Parcel 701 . 4 4,',p0\ I6Fla or damage resulting from the Utility exercising its rights outlined in Paragraphs 1 and 3 above . Page 3 of 6 for Parcel 701 . 4 co 16F1B IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence STATE OF FLORIDA as witnesses : DEPARTMENT OF TRANSPORTATION By: Signature District Secretary/Designee for District One Print/Type Name Legal Review: Signature Print/Type Name Department Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 by District Secretary/Designee for District One. He is personally known to me or has produced as identification. (Affix Seal/Stamp here) Notary Signature: Printed Name : Notary Public in and for the County and State last aforesaid. My Commission Expires : Serial No. : Page 4 of 6 for Parcel 701 .4 C40 16F18 IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and year foresaid. ATTEST: —D0.✓c County, Signature est aS to/Chairman'$ Florida, By Its Board of County A) MIY Commis Toners Print/Type Name Clerk (or Deputy Clerk) Signature ` vrl er.s Print/Type Name Its Chairperson (or Vice-Chairperson) Grantor (s) ' Mailing Address : 6717/:e,/ 3335- krriq, %rai/e. J -M/ Nk2 3`1%/9 Approved in absentia per Resolution 2000-149 on - •0c, By: . =� Leo E. Ochs, J ., Co my Manager • Approved as to form and legality TX:KX2N \ As ' tant County Attorm. Page 5 of 6 for Parcel 701 . 4 0 16F16 FP. NO. 4258432 SECTION 03175-000 PARCEL 701 TEMPORARY CONSTRUCTION EASEMENT That portion of Lot 5 , Market Center, a Replat of a Portion of Gator Gate, Plat Book 7 , Page 2 and a Portion of Gator Gate Unit 2, Plat Book 7, Page 54 and a Subdivision of a Portion of the Northeast 1/4 of Section 3 , Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Being described as follows : Commence at the northeast corner of the northeast 1/4 of said Section 3 , said point being on the survey base line of State Road 951, also known as Collier Blvd. ; thence along the east line of said northeast 1/4 and said survey base line South 00°50' 27" West a distance of 1, 608 . 23 feet; thence South 89°20' 11" West a distance of 123 . 33 feet to a point on the south line of said Lot 5 for a POINT OF BEGINNING; thence continue South 89°20' 11" West a distance of 19 . 77 feet; thence North 00°41' 49" East a distance of 234 . 36 feet to the south right of way line of Business Circle also known as Business Circle North [Tract R-1 (per said plat) ] and the north line of said Lot 5 ; thence along said south right of way line and said north line North 89°14 ' 10" East a distance of 17 . 94 feet; thence South 44°45 ' 47" East a distance of 7 . 52 feet; thence South 01°34 ' 46" West a distance of 229 . 10 feet to the POINT OF BEGINNING. Containing 5 , 041 square feet . Legal Description Approved by: Richard M. "Mike" Benton, P. S .M. #6447 On August 22 , 2018 EXHIBIT "A" Page 6 of 6 for Parcel 701 .4 1 6 F 1 B 23-UTL. 01-06/93 Date : March 25, 2020 This instrument prepared F. P. NO. 4258432 under the direction of : PARCEL 702 . 4 Angela D. Tucker, Chief Counsel SECTION 03175-000 Post Office Box 1249 STATE ROAD 951 City: Bartow, Florida 33831-1249 COUNTY Collier Department of Transportation SUBORDINATION OF UTILITY INTERESTS FOR TEMPORARY EASEMENTS THIS AGREEMENT, entered into this01 day ofern ' 202(J , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, whose post office address is : Post Office Box 1249, Bartow, Florida 33831-1249 and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, Utility Agency Organization, hereinafter called the Utility. WITNESSET H: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the FDOT; and WHEREAS, the FDOT is willing to pay to have the Utility' s facilities relocated if necessary, to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and FDOT agree as follows: Utility hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz : SEE EXHIBIT "A" It is understood and agreed by the parties hereto that the rights granted herein shall terminate upon completion of this transportation project, but no later than the 24th day of Sptember, 2028 . Page 1 of 6 for Parcel 702 .4 16F1B RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Utility 03-20-06 Randall Benderson Board of County OR 4013 Easement and David H. Commissioners PG 123 Baldauf, as of Collier Trustees under a County, Trust Agreement Florida, as the dated December Governing Body 29, 1995, known of Collier as the Ronald County and as Benderson 1995 Ex-Officio the Trust, and WR-I Governing Board Associates, Ltd. , of the Collier a Florida limited County Water- partnership Sewer District PROVIDED that the Utility has the following rights : 1 . The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT ' s current minimum standards for such facilities as required by the FDOT Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the Utility or require the Utility to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements . 2 . Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights . 3 . The Utility shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT' s facilities . 4 . The Utility agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss Page 2 of 6 for Parcel 702 .4 CAO ! 6F1B or damage resulting from the Utility exercising its rights outlined in Paragraphs 1 and 3 above. Page 3 of 6 for Parcel 702 . 4 c90 16F18 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence STATE OF FLORIDA as witnesses : DEPARTMENT OF TRANSPORTATION By: Signature District Secretary/Designee for District One Print/Type Name Legal Review: Signature Print/Type Name Department Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 by District Secretary/Designee for District One . He is personally known to me or has produced as identification. (Affix Seal/Stamp here) Notary Signature: Printed Name : Notary Public in and for the County and State last aforesaid. My Commission Expires : Serial No. : Page 4 of 6 for Parcel 702 . 4 Cy,� O 16F1B IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and yea aforesai . ATTEST: /J'e✓ County, Signature Florida, By Its Board of County A%fr1/7,"/ Comm' sinners Print/Type NamAttest as to Citiirrnan'S cf Inty. Clerk(or Deputy Clerk) Signature L• SL1t1OKS Print/Type Name Its Chairperson (or Vice-Chairperson) Grantor (s) ' Mailing Address : akey 3335 min/Qm' /rai/ - . Nair/es- cez: (3/-///2-- Approved in absentia per Resolution 2000- 149 on �S By: iG Leo . Ochs, -., Co my Manager Approved as to form and legality � L •tans County Attor Page 5 of 6 for Parcel 702 .4 16F1B FP. NO. 4258432 SECTION 03175-000 PARCEL 702 TEMPORARY CONSTRUCTION EASEMENT That portion of Lot 6, Market Center, a Replat of a Portion of Gator Gate, Plat Book 7, Page 2 and a Portion of Gator Gate Unit 2 , Plat Book 7 , Page 54 and a Subdivision of a Portion of the Northeast 1/4 of Section 3 , Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60 , Public Records of Collier County, Florida. Being described as follows : Commence at the northeast corner of the northeast 1/4 of said Section 3 , said point being on the survey base line of State Road 951, also known as Collier Blvd. ; thence along the east line of said northeast 1/4 and said survey base line South 00°50' 27" West a distance of 950 . 05 feet; thence North 89°42 ' 59" West a distance of 125 . 57 feet to a point on the north line of said Lot 6 and the beginning of a curve having a radius of 9, 567 . 54 feet for a POINT OF BEGINNING; thence along the arc of said curve to the left a distance of 242 . 16 feet through a central angle of 01°27 ' Ol" with a chord bearing South 00°27 ' Ol" East to the end of said curve; thence South 01°10' 32" East a distance of 55 . 67 feet; thence South 01°34 ' 46" West a distance of 53 . 62 feet; thence South 51°25 ' 59" West a distance of 3 . 50 feet to the north existing right of way line of Business Circle also known as Business Circle North [Tract R-1 (per said plat) ] and the south line of said Lot 6 and to the beginning of a curve having a radius of 25 . 00 feet; thence along said north existing right of way line and said south line the arc of said curve to the right a distance of 2 . 76 feet through a central angle of 06°19' 44" with a chord bearing South 86°04 ' 18" West to the end of said curve; thence continue along said north existing right of way line and said south line South 89°14 ' 10 ' West a distance of 14 . 34 feet; thence North 01°10 ' 32" West a distance of 354 . 16 feet to said north line of Lot 6 ; thence along said north line South 89°42 ' 59" East a distance of 25 . 53 feet to the POINT OF BEGINNING. Containing 8, 117 square feet . Legal Description Approved by: Richard M. "Mike" Benton, P. S .M. #6447 On October 9, 2018 EXHIBIT "A" Page6 of 6 for Parcel 702 .4 Q ...A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 F 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 'Z 1 a412o.2>7 4. BCC Office Board of County ] (� Commissioners h- 5. Minutes and Records I Clerk of Court's Office ► 820Z1 8'•k9a1Al PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jay Malamphy Phone Number 8402 Contact/ Department Agenda Date Item was August 25,2020(Absentia Meeting) Agenda Item Number 16.F.1. . Approved by the BCC September 8,2020(Ratified by BCC) Type of Document Subordination of County Utility Interests Number of Original 7 Attached Documents Attached PO number or account number if document is To be recorded by FDOT at their cost to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. 0 (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed SCtjh by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the County Manager on August 25,2020 and if any changes were made during the meeting,they have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. _ 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16F1 MEMORANDUM Date: January 12, 2021 To: Jay Malamphy, Property Acquisition Specialist Facilities Management From: Ann Jennejohn, Senior Deputy Clerk Minutes & Records Department Re: FDOT I-75/SR951 Interchange Improvement Project Subordination of County Utility Interests Attached for further signature and recording by FDOT, is the original document referenced above (Item #16F1(d)) approved by Collier County Board of County Commissioners on Tuesday, September 8, 2020. After obtaining the necessary signatures and subsequent recording by FDOT, please email a copy of the fully executed and recorded document to the Minutes & Record's Department for the official record. If you have any questions, please call me at 252-8406. Thank you. Attachment 1 6F1 Memorandum TO: Minutes & Records Management FROM: Jay Malamphy, Real Property Management DATE: December 29, 2020 RE: FDOT Interchange Improvements At the August 25, 2020 absentia meeting, the County Manager approved the Subordination of County Utility Interests relative to FDOT's I-75/SR 951 interchange improvement project. This approval was ratified by the BCC on September 8, 2020 and the documents were signed by the Chairman and returned to FDOT for recording. However, FDOT did not accept the documents because the County had inserted a date on the first page of each subordination agreement. The date inserted by the County will conflict with the date that FDOT signs and has the documents notarized (note that FDOT signs last). In that regard, FDOT has requested that we have the documents re-signed and returned without a date inserted on the first pages. Please attest to Commissioner Saunders' signature as Chairman on the Subordination Agreements. Once the attestation is complete, please notify me via email that the Agreements have been signed by the Chairperson and forwarded to the FDOT at the below address for their signature and recording. Or, if you wish please return the signed documents to me and I will forward them to FDOT. FDOT Address: Cyntrena K. Durant Utility Project Manager FDOT 801 N. Broadway Avenue Bartow, FL 33830 863-519-2531 cyntrena.d urant@dot.state.fl.us Please contact me at x8402 if you have any questions. Thank you. M 16F1 B emorandum TO: Jessica Hayes, County Attorney's Office FROM: Jay Malamphy, Real Property Management DATE: December 29, 2020 RE: FDOT Interchange Improvements At the August 25, 2020 absentia meeting, the County Manager approved the Subordination of County Utility Interests relative to FDOT's I-75/SR 951 interchange improvement project. This approval was ratified by the BCC on September 8, 2020 and the documents were signed by the Chairman and returned to FDOT for recording. However, FDOT did not accept the documents because the County had inserted a date on the first page of each subordination agreement. The date inserted by the County will conflict with the date that FDOT signs and has the documents notarized (note that FDOT signs last). In that regard, FDOT has requested that we have the documents re-signed and returned without a date inserted on the first pages. Attached, please find the Subordination Agreements along with the requisite "pink slip" for routing of the documents for the Chairman to sign again. Also attached is a Memo to Minutes & Records for the attestation of the Chairman's signature. FDOT will sign, date the first pages, and then record the documents at their own expense. Please contact me at x8402 with any questions. Thank you 16F16 23-UTL.02-05/09 Date: March 25, 2020 This instrument prepared F.P. NO. 4258432 under the direction of: PARCEL 100.4 Angela D. Tucker, Chief Counsel SECTION 03175-000 Post Office Box 1249 STATE ROAD 93(I-75) City: Bartow, Florida 33831-1249 COUNTY Collier Department of Transportation SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT, entered into this day of 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, whose post office address is: Post Office Box 1249, Bartow, Florida 33831-1249 and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, Utility Agency Organization, hereinafter called the Utility. WITNESSET H: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the FDOT; and WHEREAS, the FDOT is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and FDOT agree as follows: Utility hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz: SEE EXHIBIT "A" Page 1 of 6 for Parcel 100.4 16F10 RECORDED DATE FROM TO O.R. INSTRUMENT BOOK/PAGE Utility 03-20-06 Randall Benderson Board of County OR 4013 Easement and David H. Commissioners PG 123 Baldauf, as of Collier Trustees under a County, Trust Agreement Florida, as the dated December Governing Body 29, 1995, known of Collier as the Ronald County and as Benderson 1995 Ex-Officio the Trust, and WR-I Governing Board Associates, Ltd., of the Collier a Florida limited County Water- partnership Sewer District PROVIDED that the Utility has the following rights: 1. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT's current minimum standards for such facilities as required by the FDOT Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the Utility or require the Utility to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The Utility shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The Utility agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage Page 2 of 6 for Parcel 100.4 1 6F1 p3 resulting from the Utility exercising its rights outlined in Paragraphs 1 and 3 above. Page 3 of 6 for Parcel 100.4 # 4U1 ct 16F1 � IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence STATE OF FLORIDA as witnesses: DEPARTMENT OF TRANSPORTATION By: Signature District Secretary/Designee for District One Print/Type Name Legal Review: Signature Print/Type Name Department Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20_ by District Secretary/Designee for District One. He is personally known to me or has produced as identification. (Affix Seal/Stamp here) Notary Signature: Printed Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No. : Page 4 of 6 for Parcel 100.4 16F16 IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by-,the,Chairperson or Vice-Chairperson of said Board, the day and' year a`i=oresaid. ATTEST: A Cy ` `�// 111 �Q �cr County, St toe �a Florida, �,, By Its Board of County Print Commi loners Clerk(or. Deputy Clerk) Signature Print/Type Name Its Chairperson (or Vice-Chairperson) Grantor(s) ' Mailing Address: �'//fe 7zi»ly 333s /e a liar/a. / A p/cs, (3yi/2 Approved as to form and legality istant County urney 21y\" ) Page 5 of 6 for Parcel 100.4 ©U // \ l 16F1 (?) FP. NO. 4258432 SECTION 03175-000 PARCEL 100 RIGHT OF WAY That portion of Lot 5, Market Center, a Replat of a Portion of Gator Gate, Plat Book 7, Page 2 and a Portion of Gator Gate Unit 2, Plat Book 7, Page 54 and a Subdivision of a Portion of the Northeast 1/4 of Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Being described as follows: Commence at the northeast corner of the northeast 1/4 of said Section 3, said point being on the survey base line of State Road 951, also known as Collier Blvd.; thence along the east line of said northeast 1/4 and said survey base line South 00°50'27" West a distance of 1,608.23 feet; thence South 89°20'11" West a distance of 101.11 feet to the intersection with the west existing right of way line of said State Road 951 (per Section 03510-2602) and the southeast corner of said Lot 5 for a POINT OF BEGINNING; thence along the south line of said Lot 5, continue South 89°20'11" West a distance of 22.22 feet; thence North 01°34'46" East a distance of 229.10 feet; thence North 44°45'47" West a distance of 7.52 feet to the south right of way line of Business Circle also known as Business Circle North [Tract R-1 (per said plat) ] and the north line of said Lot 5 and the beginning of a curve having a radius of 25.00 feet; thence along said south existing right of way line and said north line the arc of said curve to the right a distance of 39.97 feet through a central angle of 91°36'17" with a chord bearing South 44°57'41" East to said west existing right of way line of State Road 951 and to the end of said curve; thence along said west existing right of way line South 00°50'27" West a distance of 193.07 feet; thence continue along said west existing right of way line South 04°45'27" West a distance of 15.73 feet to the POINT OF BEGINNING. Containing 4,967 square feet. Legal Description Approved by: Richard M. "Mike" Benton, P.S.M. #6447 On August 22, 2018 EXHIBIT "A" Page 6 of 6 for Parcel 100.4 w'o 16F16 23-UTL.02-05/09 Date: October 9, 2018 This instrument prepared F.P. NO. 4258432 under the direction of: PARCEL 101.4 Angela D. Tucker, Chief Counsel SECTION 03175-000 Post Office Box 1249 STATE ROAD 93(I-75) City: Bartow, Florida 33831-1249 COUNTY Collier Department of Transportation SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT, entered into this day of 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, whose post office address is: Post Office Box 1249, Bartow, Florida 33831-1249 and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, Utility Agency Organization, hereinafter called the Utility. WITNESSET H: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the FDOT; and WHEREAS, the FDOT is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and FDOT agree as follows: Utility hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz: SEE EXHIBIT "A" Page 1 of 7 for Parcel 101.4 16F1IS RECORDED DATE FROM TO O.R. INSTRUMENT BOOK/PAGE Utility 03-20-06 Randall Benderson Board of County OR 4013 Easement and David H. Commissioners PG 123 Baldauf, as of Collier Trustees under a County, Trust Agreement Florida, as the dated December Governing Body 29, 1995, known of Collier as the Ronald County and as Benderson 1995 Ex-Officio the Trust, and WR-I Governing Board Associates, Ltd., of the Collier a Florida limited County Water- partnership Sewer District PROVIDED that the Utility has the following rights: 1. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT's current minimum standards for such facilities as required by the FDOT Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the Utility or require the Utility to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The Utility shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The Utility agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss 0} Page 2 of 7 for Parcel 101.4 i6F1 (3 or damage resulting from the Utility exercising its rights outlined in Paragraphs 1 and 3 above. Page 3 of 7 for Parcel 101.4 , 16F13 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence STATE OF FLORIDA as witnesses: DEPARTMENT OF TRANSPORTATION By: Signature District Secretary/Designee for District One Print/Type Name Legal Review: Signature Print/Type Name Department Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 by District Secretary/Designee for District One. He is personally known to me or has produced as identification. (Affix Seal/Stamp here) Notary Signature: Printed Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No. : Page 4 of 7 for Parcel 101.4 Ut 16F1 IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and year aforesaid. / ATTEST: �1�6)" County, S' � �� Florida, AtrBSfaSl0t an By Its Board of County r6T�i/1 t � Commi ione``r:'s Print/Type Names; �'�� Clerk(or bept5ty Clerk) Signature vr/ Print/Type Name Its Chairperson (or Vice-Chairperson) Grantor(s) ' Mailing Address: 6;4 3335 /mi4nif / f l6.,, 4/4/ /1,bin/es , z 3'//,z Approved as to form and legality Aslant County A t Ile)/ Page 5 of 7 for Parcel 101.4 16F1 FP. NO. 4258432 SECTION 03175-000 PARCEL 101 LIMITED ACCESS RIGHT OF WAY A) That portion of Lot 6, Market Center, a Replat of a Portion of Gator Gate, Plat Book 7, Page 2 and a Portion of Gator Gate Unit 2, Plat Book 7, Page 54 and a Subdivision of a Portion of the Northeast 1/4 of Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Being described as follows: Commence at the northeast corner of the northeast 1/4 of said Section 3, said point being on the survey base line of State Road 951, also known as Collier Blvd.; thence along the east line of said northeast 1/4 and said survey base line South 00°50'27" West a distance of 950.05 feet; thence North 89°42'59" West a distance of 100.00 feet to an intersection with the west existing right of way line of said State Road 951 (per Section 03510-2602) and the northeast corner of said Lot 6, for a POINT OF BEGINNING; thence along said west existing right of way line and the east line of said Lot 6, South 00°50'27" West a distance of 329.05 feet to the north existing right of way line of Business Circle also known as Business Circle North [Tract R-1 (per said plat) ] and the south line of said Lot 6 and to the beginning of a curve having a radius of 25.00 feet; thence along said north existing right of way line and said south line the arc of said curve to the right a distance of 8.59 feet through a central angle of 19°40'44" with a chord bearing South 10°40'49" West to the end of said curve; thence North 01°10'32" West a distance of 95.73 feet to the beginning of a curve having a radius of 9,552.25 feet; thence along the arc of said curve to the right a distance of 241.77 feet through a central angle of 01°27'O1" with a chord bearing North 00°27'01" West to the north line of said Lot 6 and to the end of said curve; thence along said north line South 89°42'59" East a distance of 10.28 feet to the POINT OF BEGINNING. Containing 2,247 square feet. Together with all rights of ingress, egress, light, air, and view between the grantor's remaining property, if any, and any facility constructed on the above described property. ALSO EXHIBIT "A" Page 6 of 7 for Parcel 101.4 16I' 1P� RIGHT OF WAY B) That portion of Lot 6, Market Center, a Replat of a Portion of Gator Gate, Plat Book 7, Page 2 and a Portion of Gator Gate Unit 2, Plat Book 7, Page 54 and a Subdivision of a Portion of the Northeast 1/4 of Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Being described as follows: Commence at the northeast corner of the northeast 1/4 of said Section 3, said point being on the survey base line of State Road 951, also known as Collier Blvd.; thence along the east line of said northeast 1/4 and said survey base line South 00°50'27" West a distance of 950.05 feet; thence North 89°42'59" West a distance of 110.28 feet to a point on the north line of said Lot 6 and to the beginning of a curve having a radius of 9,552.25 feet for a POINT OF BEGINNING; thence along the arc of said curve to the left a distance of 241.77 feet through a central angle of 01°27'01" with a chord bearing South 00°27'01" East to the end of said curve; thence South 01°10'32" East a distance of 95.73 feet to the north existing right of way line of Business Circle also known as Business Circle North [Tract R- 1 (per said plat) ] and to the south line of said Lot 6 and the beginning of a curve having a radius of 25.00 feet; thence along said north existing right of way line and said south line the arc of said curve to the right a distance of 27.22 feet through a central angle of 62°23'15" with a chord bearing South 51°42'48" West to the end of said curve; thence North 51°25'59" East a distance of 3.50 feet; thence North 01°34'46" East a distance of 53.62 feet; thence North 01°10'32" West a distance of 55.67 feet to the beginning of a curve having a radius of 9,567.54 feet; thence along the arc of said curve to the right a distance of 242.16 feet through a central angle of 01°27'01" with a chord bearing North 00°27'O1" West to said north line of Lot 6 and to the end of said curve; thence along said north line South 89°42'59" East a distance of 15.29 feet to the POINT OF BEGINNING. Containing 5,383 square feet. Legal Description Approved by: Richard M. "Mike" Benton, P.S.M. #6447 On October 9, 2018 EXHIBIT "A" Page7 of 7 for Parcel 101.4 16f16 23-UTL.02-05/09 Date: March 25, 2020 This instrument prepared F.P. NO. 4258432 under the direction of: PARCEL 104.2 Angela D. Tucker, Chief Counsel SECTION 03175-000 Post Office Box 1249 STATE ROAD 93(I-75) City: Bartow, Florida 33831-1249 COUNTY Collier Department of Transportation SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT, entered into this day of 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, whose post office address is: Post Office Box 1249, Bartow, Florida 33831-1249 and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, Utility Agency Organization, hereinafter called the Utility. WITNESSET H: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the FDOT; and WHEREAS, the FDOT is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and FDOT agree as follows: Utility hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz: SEE EXHIBIT "A" Page 1 of 7 for Parcel 104.2 16F1 (3 RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Utility 03-20-06 Victoria Estates, Ltd., a Board of OR 4013 Easement Florida limited County PG 81 partnership; Walden Avenue- Commissioners Blend-All Hotel of Collier Development, Inc., a New County, York corporation; Ranger-1, Florida as L.L.C., a Florida limited the governing liability company; RB-3 body of Assocaties, a New York Collier general partnership; County and as Randall Benderson, Ronald ex-officio Bendersona and David H. the governing Baldauf as trustees under a board of the trust agreement dated Collier October 14, 1985, known as County Water- the Benderson 85-1 Trust; Sewer Buffalo-Greenbriar District Associates, LLC, a New York limited liability company; and Ronald Benderson and David H. Baldauf as Trustees under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993-1 Trust; Randall Benderson and David H. Haldauf, Trustees under a Trust Agreement dated December 29, 1995, known as the Ronald Benderson 1995 Trust; and WR-1 Associates, Ltd., a Florida limited partnership Deed of 03-13-08 Davis Crossings, LLC; Davis Board of OR 4546 Utility Crossings II, LLC; Davis County PG 928 Easement Crossings III, LLC; Davis Commissioners Crossings IV, LLC; Davis of Collier Crossings V, LLC; Davis County, Crossings VI, LLC; Davis Florida as Crossings VII, LLC; Davis the governing Crossings VIII, LLC, each a body of Florida limited liability Collier company County and as ex-officio the governing board of the Collier County Water- Sewer District Page 2 of 7 for Parcel 104.2 16F16 PROVIDED that the Utility has the following rights: 1. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT's current minimum standards for such facilities as required by the FDOT Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the Utility or require the Utility to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The Utility shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The Utility agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the Utility exercising its rights outlined in Paragraphs 1 and 3 above. Page 3 of 7 for Parcel 104.2 1 6 F 1 e IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence STATE OF FLORIDA as witnesses: DEPARTMENT OF TRANSPORTATION By: Signature District Secretary/Designee for District One Print/Type Name Legal Review: Signature Print/Type Name Department Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or _online notarization, this day of , 20 by District Secretary/Designee for District One. He is personally known to me or has produced as identification. (Affix Seal/Stamp here) Notary Signature: Printed Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No. : Page 4 of 7 for Parcel 104.2 1 6 F 1 8 IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and kear aforesaid. ATTE �B1l/e., County, •4Signai:ur' Florida, Mgt t'iasktha aff'S By Its Board of County / 8 1 Commissioners Print/Type Nam i Clerk(or Deputy Clerk) Signature .FUr71,L. Svrr%rs Print/Type Name Its Chairperson (or Vice-Chairperson) Grantor(s) ' Mailing Address: Coo/I/e✓ 67.mly 3335 /migm/%ar/E; d/o/ A19,4s, AZ 3y//2------ Approved as to form and legality ssCistant ounty oruey Page 5 of 7 for Parcel 104.2 t ,G. e.+ 16F1B FP. NO. 4258432 SECTION 03175-000 PARCEL 104 LIMITED ACCESS RIGHT OF WAY A) That portion of Tract 1, Gator Gate, as per plat thereof recorded in Plat Book 7, Page 2, and that portion of Tract 2, Gator Gate Unit 2, as per plat thereof recorded in Plat Book 7, Page 54, all being of Public Records of Collier County, Florida, both subdivisions lying in Section 3, Township 50 South, Range 26, East, Collier County, Florida. Being more particularly described as follows: Commence at the northeast corner of the northeast 1/4 of said Section 3, said point being on the survey base line of State Road 951, also known as Collier Blvd; thence along said survey base line South 00°50'27" West a distance of 950.05 feet; thence North 89°42'59" West a distance of 100.00 feet to an intersection with the west existing right of way line of said State Road 951 (per Section 03510-2602) and the southeast corner of Gator Gate subdivision (per Market Center, a replat of a portion of Gator Gate, Plat Book 7, Page 2 and a portion of Gator Gate Unit 2, Plat Book 7, Page 54 and a subdivision of a portion of the northeast 1/4 of Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida) for a POINT OF BEGINNING; thence along the south line of said Gator Gate subdivision continue North 89°42'59" West a distance of 10.28 feet to the beginning of a curve having a radius of 9,552.25 feet; thence along the arc of said curve to the right a distance of 257.71 feet through a central angle of 01°32'45" with a chord bearing North 01°02'S1" East to the end of said curve; thence North 03°59'15" East a distance of 148.62 feet to the south existing right of way line of Davis Blvd. to Collier Blvd. Ramp (per Official Records Book 5202, Page 2844, Public Records of Collier County, Florida) and the beginning of a curve having a radius of 865.71 feet; thence along said south existing right of way line the arc of said curve to the right a distance of 3.23 feet through a central angle of 00°12'51" with a chord bearing South 20°42'40" East to said west existing right of way line of State Road 951 and the east line of said Gator Gate Unit 2 (per said Market Center plat) and the end of said curve; thence along said west existing right of way line and said east line South 00°50'27" West a distance of 351.97 feet to the southeast corner of said Gator Gate Unit 2 subdivision (per said Market Center plat) ; thence along the east line of Gator Gate subdivision (per said Market Center plat) and continue along said west existing right of way line South 00°50'27" West a distance of 51.02 feet to the POINT OF BEGINNING. Containing 3,458 square feet 0 EXHIBIT "A" Page6 of 7 for Parcel 104.2 16F18 ALSO RIGHT OF WAY B) That portion of Tract 1, Gator Gate, as per plat thereof recorded in Plat Book 7, Page 2, and that portion of Tract 2, Gator Gate Unit 2, as per plat thereof recorded in Plat Book 7, Page 54, all being of Public Records of Collier County, Florida, both subdivisions lying in Section 3, Township 50 South, Range 26, East, Collier County, Florida. Being more particularly described as follows: Commence at the northeast corner of the northeast 1/4 of said Section 3, said point being on the survey base line of State Road 951, also known as Collier Blvd; thence along said survey base line South 00°50'27" West a distance of 950.05 feet; thence North 89°42'59" West a distance of 110.28 feet to a point on the south line of said Gator Gate subdivision (per Market Center, a replat of a portion of Gator Gate, Plat Book 7, Page 2 and a portion of Gator Gate Unit 2, Plat Book 7, Page 54 and a subdivision of a portion of the northeast 1/4 of Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida) for a POINT OF BEGINNING; thence along said south line continue North 89°42'59" West a distance of 40.82 feet; thence North 13°05'22" East a distance of 68.05 feet; thence North 00°06'25" East a distance of 428.33 feet to the south existing right of way line of Davis Blvd. to Collier Blvd. Ramp (per Official Records Book 5202, Page 2844, Public Records of Collier County, Florida) and the beginning of a curve having a radius of 865.71 feet; thence along said south existing right of way line the arc of said curve to the right a distance of 97.40 feet through a central angle of 06°26'46" with a chord bearing South 24°02'29" East to the end of said curve; thence South 03°59'15" West a distance of 148.62 feet to the beginning of a curve having a radius of 9,552.25 feet; thence along the arc of said curve to the left a distance of 257.71 feet through a central angle of 01°32'45" with a chord bearing South 01°02'51" West to the end of said curve and to the POINT OF BEGINNING. Containing 14,498 square feet. Legal Description Approved by: Richard M. "Mike" Benton, P.S.M. #6447 On January 29, 2108 4.? EXHIBIT "A" Page7 of 7 for Parcel 104.2 16F1 e 23-UTL.02-05/09 Date: March 25, 2020 This instrument prepared F.P. NO. 4258432 under the direction of: PARCEL 105.2 Angela D. Tucker, Chief Counsel SECTION 03175-000 Post Office Box 1249 STATE ROAD 93(I-75) City: Bartow, Florida 33831-1249 COUNTY Collier Department of Transportation SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT, entered into this day of 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, whose post office address is: Post Office Box 1249, Bartow, Florida 33831-1249 and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, Utility Agency Organization, hereinafter called the Utility. WITNESSET H: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the FDOT; and WHEREAS, the FDOT is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and FDOT agree as follows: Utility hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz: SEE EXHIBIT "A" Page 1 of 6 for Parcel 105.2 116F1B RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Order of 04-17-06 A.L. Board of County OR 4021 Taking for Petroleum, Commissioners of PG 2271 permanent Inc., et Collier County and as utility al. Ex-Officio Governing easement Board of the Governing Body of Collier County Water-Sewer District Stipulated 06-21-06 A.L. Board of County OR 4062 Final Petroleum, Commissioners of PG 95 Judgment Inc., et Collier County and as for al. Ex-Officio Governing permanent Board of the Governing utility Body of Collier County easement Water-Sewer District PROVIDED that the Utility has the following rights: 1. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT's current minimum standards for such facilities as required by the FDOT Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the Utility or require the Utility to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The Utility shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. Page 2 of 6 for Parcel 105.2 ', '� i 16F18 4. The Utility agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the Utility exercising its rights outlined in Paragraphs 1 and 3 above. Page 3 of 6 for Parcel 105.2 16F16 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence STATE OF FLORIDA as witnesses: DEPARTMENT OF TRANSPORTATION By: Signature District Secretary/Designee for District One Print/Type Name Legal Review: Signature Print/Type Name Department Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 by District Secretary/Designee for District One. He is personally known to me or has produced as identification. (Affix Seal/Stamp here) Notary Signature: Printed Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No. : Page 4 of 6 for Parcel 105.2 16F16 IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and year aforesaid. rc //,7, ATTEST: ' , 4�Cs -^�/4'Y County, Aittia' . 4 at Florida, By Its Board of County fYtue R • Commis inners Print/Type Clerk(or Deputy Clerk) Signature / STaurnv/eK5 Print/Type Name Its Chairperson (or Vice-Chairperson) Grantor(s) ' Mailing Address: 3335 /CM/6 rm r i/i, /A' M/9/', )L 341//z- Approved as to form and legality A .istant County A rney Page 5 of 6 for Parcel 105.2 1 6Fi ,B FP. NO. 4258432 SECTION 03175-000 PARCEL 105 LIMITED ACCESS RIGHT OF WAY LINE A) All rights of egress, ingress, light, air and view between the grantor's remaining property and a Limited Access right of way line lying in Section 3, Township 50 South, Range 26 East, Collier County, Florida. Being described as follows: Commence at the northeast corner of the northeast 1/4 of said Section 3, said point being on the survey base line of State Road 951 (Collier Blvd) ; thence along the east line of said northeast 1/4 and said survey baseline South 00°50'27" West a distance of 450.98 feet; thence North 89°09'33" West a distance of 100.00 feet to the west existing right of way line of said State Road 951 (per Section 03510-2602) to BEGIN said Limited Access right of way line; thence along said west existing right of way line North 00°50'27" East a distance of 321.37 feet to END said Limited Access right of way line. ALSO LIMITED ACCESS RIGHT OF WAY LINE B) All rights of egress, ingress, light, air and view between the grantor's remaining property and a Limited Access right of way line lying in Section 3, Township 50 South, Range 26 East, Collier County, Florida. Being described as follows: Commence at the northeast corner of the northeast 1/4 of said Section 3, said point being on the survey base line of State Road 951 (Collier Blvd) ; thence along the east line of said northeast 1/4 and said survey baseline South 00°50'27" West a distance of 50.00 feet; thence North 89°43'23" West a distance of 100.00 feet to the west existing right of way line of said State Road 951 (per Section 03510-2602) to BEGIN said Limited Access right of way line; thence along said west existing right of way line South 00°50'27" West a distance of 41.29 feet to END said Limited Access right of way line. Legal Description Approved by: Richard M. "Mike" Benton, P.S.M. #6447 On January 29, 2018 EXHIBIT "A" Page6 of 6 for Parcel 105.2 16F1 B 23-UTL.01-06/93 Date: March 25, 2020 This instrument prepared F.P. NO. 4258432 under the direction of: PARCEL 701.4 Angela D. Tucker, Chief Counsel SECTION 03175-000 Post Office Box 1249 STATE ROAD 951 City: Bartow, Florida 33831-1249 COUNTY Collier Department of Transportation SUBORDINATION OF UTILITY INTERESTS FOR TEMPORARY EASEMENTS THIS AGREEMENT, entered into this day of 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, whose post office address is: Post Office Box 1249, Bartow, Florida 33831-1249 and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, Utility Agency Organization, hereinafter called the Utility. WITNESSET H: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the FDOT; and WHEREAS, the FDOT is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and FDOT agree as follows: Utility hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz: SEE EXHIBIT "A" It is understood and agreed by the parties hereto that the rights granted herein shall terminate upon completion of this transportation project, but no later than the 24th day of September, 2028. Page 1 of 6 for Parcel 701.4 16F16 RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Utility 03-20-06 Randall Benderson Board of County OR 4013 Easement and David H. Commissioners PG 123 Baldauf, as of Collier Trustees under a County, Trust Agreement Florida, as the dated December Governing Body 29, 1995, known of Collier as the Ronald County and as Benderson 1995 Ex-Officio the Trust, and WR-I Governing Board Associates, Ltd., of the Collier a Florida limited County Water- partnership Sewer District PROVIDED that the Utility has the following rights: 1. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT's current minimum standards for such facilities as required by the FDOT Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the Utility or require the Utility to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The Utility shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The Utility agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss Page 2 of 6 for Parcel 701.4 .3 16F16 or damage resulting from the Utility exercising its rights outlined in Paragraphs 1 and 3 above. Page 3 of 6 for Parcel 701.4 16F1 $ IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence STATE OF FLORIDA as witnesses: DEPARTMENT OF TRANSPORTATION By: Signature District Secretary/Designee for District One Print/Type Name Legal Review: Signature Print/Type Name Department Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 by District Secretary/Designee for District One. He is personally known to me or has produced as identification. (Affix Seal/Stamp here) Notary Signature: Printed Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No. : Page 4 of 6 for Parcel 701.4 i 6Fi 6 IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting bpthe' airperson or Vice-Chairperson of said Board, the day and'year aforesaid. ATTES`t: (DC /!!Gr*- County, *t4 .�,.•, Florida, AhNj + Op By Its Board of County Comm Print/Type Name ' 4;40.46t... Clerk(or Deputy Clerk) Signature U1` ld c Print/Type Name Its Chairperson (or Vice-Chairperson) Grraantor(s) ' Mailing Address: UnI)/ 333_}S__r�i iia 'v iI1 0_101 Ney94s AZ 3102 pprovcd as to f form and legality A„ssistannt ounty A t ney Page 5 of 6 for Parcel 701.4 16F18 FP. NO. 4258432 SECTION 03175-000 PARCEL 701 TEMPORARY CONSTRUCTION EASEMENT That portion of Lot 5, Market Center, a Replat of a Portion of Gator Gate, Plat Book 7, Page 2 and a Portion of Gator Gate Unit 2, Plat Book 7, Page 54 and a Subdivision of a Portion of the Northeast 1/4 of Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Being described as follows: Commence at the northeast corner of the northeast 1/4 of said Section 3, said point being on the survey base line of State Road 951, also known as Collier Blvd.; thence along the east line of said northeast 1/4 and said survey base line South 00°50'27" West a distance of 1,608.23 feet; thence South 89°20'11" West a distance of 123.33 feet to a point on the south line of said Lot 5 for a POINT OF BEGINNING; thence continue South 89°20'11" West a distance of 19.77 feet; thence North 00°41'49" East a distance of 234.36 feet to the south right of way line of Business Circle also known as Business Circle North [Tract R-1 (per said plat) ] and the north line of said Lot 5; thence along said south right of way line and said north line North 89°14'10" East a distance of 17.94 feet; thence South 44°45'47" East a distance of 7.52 feet; thence South 01°34'46" West a distance of 229.10 feet to the POINT OF BEGINNING. Containing 5,041 square feet. Legal Description Approved by: Richard M. "Mike" Benton, P.S.M. #6447 On August 22, 2018 0 EXHIBIT "A" Page6 of 6 for Parcel 701.4 i6F16 23-UTL.01-06/93 Date: March 25, 2020 This instrument prepared F.P. NO. 4258432 under the direction of: PARCEL 702.4 Angela D. Tucker, Chief Counsel SECTION 03175-000 Post Office Box 1249 STATE ROAD 951 City: Bartow, Florida 33831-1249 COUNTY Collier Department of Transportation SUBORDINATION OF UTILITY INTERESTS FOR TEMPORARY EASEMENTS THIS AGREEMENT, entered into this day of 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, whose post office address is: Post Office Box 1249, Bartow, Florida 33831-1249 and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, Utility Agency Organization, hereinafter called the Utility. WITNESSET H: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the FDOT; and WHEREAS, the FDOT is willing to pay to have the Utility's facilities relocated if necessary, to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and FDOT agree as follows: Utility hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz: SEE EXHIBIT "A" It is understood and agreed by the parties hereto that the rights granted herein shall terminate upon completion of this transportation project, but no later than the 24th day of September, 2028. Page 1 of 6 for Parcel 702.4 16F16 RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Utility 03-20-06 Randall Benderson Board of County OR 4013 Easement and David H. Commissioners PG 123 Baldauf, as of Collier Trustees under a County, Trust Agreement Florida, as the dated December Governing Body 29, 1995, known of Collier as the Ronald County and as Benderson 1995 Ex-Officio the Trust, and WR-I Governing Board Associates, Ltd., of the Collier a Florida limited County Water- partnership Sewer District PROVIDED that the Utility has the following rights: 1. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT's current minimum standards for such facilities as required by the FDOT Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the Utility or require the Utility to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The Utility shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The Utility agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss Page 2 of 6 for Parcel 702.4 1 6 F 1 or damage resulting from the Utility exercising its rights outlined in Paragraphs 1 and 3 above. Page 3 of 6 for Parcel 702.4 1bf1B IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence STATE OF FLORIDA as witnesses: DEPARTMENT OF TRANSPORTATION By: Signature District Secretary/Designee for District One Print/Type Name Legal Review: Signature Print/Type Name Department Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 by District Secretary/Designee for District One. He is personally known to me or has produced as identification. (Affix Seal/Stamp here) Notary Signature: Printed Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No. : Page 4 of 6 for Parcel 702.4 16F1 B IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and year '4foresaid.ATTEST: 1�� , ��/l �Gfr County, 2 W''a ,g Florida, By Its Board of County Comm Toners i tn.Oft*Ir41°.-1 �F����'`� Clerk(or Deputy Clerk) Signature LGvP1dd✓s Print/Type Name Its Chairperson (or Vice-Chairperson) Grantor(s) ' Mailing Address: Co%l cr �vrr y 333s7am/gm' a//E /VagIs, 2 3y//9 Approved as to form and legality sistant County At icy Page 5 of 6 for Parcel 702.4 16F16 FP. NO. 4258432 SECTION 03175-000 PARCEL 702 TEMPORARY CONSTRUCTION EASEMENT That portion of Lot 6, Market Center, a Replat of a Portion of Gator Gate, Plat Book 7, Page 2 and a Portion of Gator Gate Unit 2, Plat Book 7, Page 54 and a Subdivision of a Portion of the Northeast 1/4 of Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Being described as follows: Commence at the northeast corner of the northeast 1/4 of said Section 3, said point being on the survey base line of State Road 951, also known as Collier Blvd.; thence along the east line of said northeast 1/4 and said survey base line South 00°50'27" West a distance of 950.05 feet; thence North 89°42'59" West a distance of 125.57 feet to a point on the north line of said Lot 6 and the beginning of a curve having a radius of 9,567.54 feet for a POINT OF BEGINNING; thence along the arc of said curve to the left a distance of 242.16 feet through a central angle of 01°27'01" with a chord bearing South 00°27'O1" East to the end of said curve; thence South 01°10'32" East a distance of 55.67 feet; thence South 01°34'46" West a distance of 53.62 feet; thence South 51°25'59" West a distance of 3.50 feet to the north existing right of way line of Business Circle also known as Business Circle North [Tract R-1 (per said plat) ] and the south line of said Lot 6 and to the beginning of a curve having a radius of 25.00 feet; thence along said north existing right of way line and said south line the arc of said curve to the right a distance of 2.76 feet through a central angle of 06°19'44" with a chord bearing South 86°04'18" West to the end of said curve; thence continue along said north existing right of way line and said south line South 89°14'10' West a distance of 14.34 feet; thence North 01°10'32" West a distance of 354.16 feet to said north line of Lot 6; thence along said north line South 89°42'59" East a distance of 25.53 feet to the POINT OF BEGINNING. Containing 8,117 square feet. Legal Description Approved by: Richard M. "Mike" Benton, P.S.M. #6447 On October 9, 2018 EXHIBIT "A" Page6 of 6 for Parcel 702.4 16F1g 23-UTL.02-05/09 Date: March 25, 2020 This instrument prepared F.P. NO. 4351112 under the direction of: PARCEL 104.2 Angela D. Tucker, Chief Counsel SECTION 03030-000 Post Office Box 1249 STATE ROAD 951 City: Bartow, Florida 33831-1249 COUNTY Collier Department of Transportation SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT, entered into this day of 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, whose post office address is: Post Office Box 1249, Bartow, Florida 33831-1249 and COLLIER COUNTY, A FLORIDA POLITICAL SUBDIVISION, Utility Agency Organization, hereinafter called the Utility. WITNESSET H: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the FDOT; and WHEREAS, the FDOT is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and FDOT agree as follows: Utility hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz: SEE EXHIBIT "A" Page 1 of 5 for Parcel 104.2 tFi6 RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Drainage 07-11-60 Henderson Creek Collier OR 0067 Easement Company County, a PG 0351 Florida political subdivision Corrective 01-09-61 Henderson Creek Collier OR 0076 Drainage Company County, a PG 0127 Easement Florida political subdivision PROVIDED that the Utility has the following rights: 1. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT's current minimum standards for such facilities as required by the FDOT Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the Utility or require the Utility to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The Utility shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The Utility agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the Utility exercising its rights outlined in Paragraphs 1 and 3 above. Page 2 of 5 for Parcel 104.2 n C7 16F16 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence STATE OF FLORIDA as witnesses: DEPARTMENT OF TRANSPORTATION By: Signature District Secretary/Designee for District One Print/Type Name Legal Review: Signature Print/Type Name Department Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 by District Secretary/Designee for District One. He is personally known to me or has produced as identification. (Affix Seal/Stamp here) Notary Signature: Printed Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No. : Page 3 of 5 for Parcel 104.2 1 .6 F 1 B IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting 'by the Chairperson or Vice-Chairperson of said Board, the day,and.year aforesaid. ATTiST: C�.d///el County, Sz�z,?p`tuy Florida, ., test.�5t a n's By Its Board of County PsAvy er NameComm ioner� Print/Ty p Clerk(or Deputy Clerk) Signature &Y [Z. (S:70/70 c Print/Type Name Its Chairperson (or Vice-Chairperson) Grantor(s) ' Mailing Address: C'//,er ad)/ _ 3335 7 miam /Ili #/ol A4 /er `L 3SV/a Approved to tbnn and legality Psistant County they Page 4 of 5 for Parcel 104.2 16F1 (3 F.P. NO. 4351112 SECTION 03030-000 PARCEL 104 RIGHT OF WAY Those portions of the southwest 1/4 of Section 3 and the northwest 1/4 of Section 10, Township 51 South, Range 26 East, Collier County, Florida. Being described as follows: Commence at the southwest corner of said Section 3; thence along the south line of said southwest 1/4, South 89°22'08" East a distance of 1,391.77 feet to the survey base line of State Road 951 (Collier Blvd) ; thence along said survey base line North 02°27'42" East a distance of 426.96 feet; thence South 87°32'18" East a distance of 298.76 feet for a POINT OF BEGINNING; thence South 88°06'20" East a distance of 150.04 feet; thence South 00°33'22" West a distance of 510.59 feet to the center line of a Collier County drainage easement (per Official Records Book 67, Page 66 and Official Records Book 76, Page 127, Public Records of Collier County, Florida) ; thence along said center line South 61°31'43" West a distance of 16.30 feet; thence North 28°28'17" West a distance of 55.00 feet to the north easement line of said drainage easement; thence along said north easement line South 61°31'43" West a distance of 124.72 feet; thence North 00°33'22" East a distance of 534.43 feet to the POINT OF BEGINNING. Containing 1.731 acres. Legal Description Approved by: Richard M. "Mike" Benton, P.S.M. #6447 On March 6, 2019 EXHIBIT "A" Pages of 5 for Parcel 104.2 ',G4